The purpose of this new rule is to address new statutory requirements resulting from the 2015 Legislative Session. The effect is the administration of the out-of-state fee waiver for veterans and other eligible students as authorized in s. 1009.26, ...

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-14.0305Out-of-State Fee Waiver for Veterans and Other Eligible Students

PURPOSE AND EFFECT: The purpose of this new rule is to address new statutory requirements resulting from the 2015 Legislative Session. The effect is the administration of the out-of-state fee waiver for veterans and other eligible students as authorized in Section 1009.26, F.S.

SUMMARY: In response to the Veterans Access, Choice and Accountability Act of 2014, the out-of-state fee waiver for military veterans is been expanded to include other eligible students. This rule is intended to administer provisions of the out-of-state fee waiver.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Students receiving the out-of-state fee waiver will have lower education costs. The proposed rule does not impose any requirement that would result in a regulatory cost or adverse economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1009.26, FS.

LAW IMPLEMENTED: 1009.26, 1009.285, FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: June 24, 2015, 8:30 a.m.

PLACE: Tampa Airport Marriott, 4200 George J. Bean Parkway, Duval Conference Room, Tampa, Florida 33607

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dr. Julie Alexander, Associate Vice Chancellor for Academic and Student Affairs, Division of Florida Colleges, Florida Department of Education, 325 West Gaines Street, Tallahassee, FL, 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-14.0305 Out-of-State Fee Waiver for Veterans and Other Eligible Students

(1) Each Florida College System institution board of trustees, each district school board with a career center authorized under s. 1001.44, F.S. and each board of directors for a charter technical career center authorized under s. 1002.34, F.S., shall waive out-of-state fees for honorably discharged veterans of the United States Armed and Reserve Forces (Air Force, Army, Coast Guard, Marines, and Navy) and the National Guard (Army and Air) or any other student who is entitled to and uses educational assistance provided by the United States Department of Veterans Affairs who physically resides in Florida while enrolled as a degree or certificate seeking student. Tuition and fees charged to a student who qualifies for the out-of-state fee waiver under this subsection may not exceed the tuition and fees charged a resident student enrolled in the same program.

(2) Each Florida College System institution board of trustees, each district school board with a career center authorized under s. 1001.44, F.S. and each board of directors for a charter technical career center authorized under s. 1002.34, F.S., shall adopt written policies and procedures for determining student eligibility to include verification of eligibility for educational assistance provided by the United States Department of Veterans Affairs. Evidence of eligibility includes:

(a) A current Florida driver license or Florida identification card or other documentation to demonstrate physical residence in Florida.

(b) Military separation documentation such as the most recent Certificate of Release or Discharge from Active Duty (i.e., DD Form 214) to demonstrate veteran and discharge status.

(c) Documentation from the United States Department of Veterans Affairs that the student requesting the out-of-state fee waiver is eligible for educational assistance.

(3) Pursuant to s. 1009.285, F.S., a student will be required to pay tuition at one hundred (100) percent of the full cost of instruction upon the third attempt of a course unless the Florida College System institution has granted an exception due to extenuating circumstances.

Rulemaking Authority 1009.26 FS. Law Implemented 1009.26, 1009.285 FS. History-New

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Chris Mullin, Executive Vice Chancellor, Florida College System

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pam Stewart, Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 22, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 8, 2015